Short answer: Yes. HOA foreclosure in Florida is real: a homeowners association or condo association can record a lien for unpaid assessments and, if the balance stays unpaid, foreclose on that lien, even when your mortgage is current. The good news is that Florida law requires several written notices first, which gives you time to pay, set up a plan, dispute the amount or sell on your own terms.
No judgment here. Dues get missed for all kinds of reasons: a hospital stay, a spouse passing, a special assessment nobody saw coming, or mail going to a winter address up north. My job is to help you see your options clearly. If you are also behind on your mortgage, my free pre-foreclosure guide for Manatee County homeowners walks through those choices step by step.
How HOA foreclosure works in Florida
Two different Florida statutes cover this. Homeowners associations (single-family neighborhoods, many villa communities) follow Chapter 720, mainly section 720.3085. Condominium associations follow Chapter 718, mainly sections 718.116 and 718.121. The steps are similar, and both laws say an association’s lien can cover the unpaid assessments plus interest, late fees, collection costs and reasonable attorney fees.
This matters a lot in our area. Around Sun City Center, many owners pay more than one association. Kings Point, for example, has more than 100 separate condo associations, each with its own budget and collection process. Across Manatee County, from Palmetto to Parrish, most newer neighborhoods have an HOA too. Knowing which association you owe, and under which statute, is the first step.
The notices you should receive first
Florida law lays out a sequence before an association can file a foreclosure lawsuit. Here is a plain-English summary based on the current statutes (checked November 2026):
| Step | HOA (Ch. 720) | Condo (Ch. 718) |
|---|---|---|
| 1. Notice of late assessment | Required before the association can charge you attorney fees on a past-due assessment; gives you 30 days to pay without those fees | Required before attorney fees can be charged; the statutory form gives you 30 days to pay |
| 2. Notice of intent to record a claim of lien | You get 45 days after the notice is mailed to pay before a lien can be recorded | A lien cannot be recorded until 45 days after the notice is delivered |
| 3. Claim of lien recorded | Lien secures unpaid assessments plus interest, late fees, costs and attorney fees | Same; the lien expires 1 year after recording unless the association starts enforcing it |
| 4. Notice of intent to foreclose | No foreclosure suit until 45 days after you receive this notice | No foreclosure judgment until at least 45 days after written notice |
| 5. Lawsuit | Follows the same court process as a mortgage foreclosure | Follows the same court process as a mortgage foreclosure |
A few other rules worth knowing: when you make a partial payment, both statutes say it is applied first to interest, then late fees, then collection costs and attorney fees, and only then to the assessment itself. That is why a small partial payment may not stop the clock. HOA late fees are capped at the greater of $25 or 5% of the late installment, and if your HOA’s documents don’t set an interest rate, the statute sets it at 18% per year.
What if you think the amount is wrong?
Mistakes happen, especially when an account has been handed to a management company or a collection attorney. Under both statutes, an owner can record a notice of contest of lien. Once that is served, the association has 90 days to file suit to enforce the lien, or the lien becomes void. Whether to use that option is a legal decision, so talk with a Florida real estate attorney before you do anything formal.
Before that, a few calm, practical steps:
- Ask the association or its manager for a written ledger showing every charge, payment and fee.
- Compare it to your bank records and canceled checks.
- Check that notices are going to the address you actually use, especially if you split time between Florida and another state.
- Keep copies of every letter and write down the date and name for every phone call.
Your options if you are behind on HOA or condo dues
You usually have more room than it feels like at first. Common paths include:
- Pay the balance early. Paying during the 30-day late-assessment window can avoid attorney fees altogether.
- Ask for a written payment plan. Many boards will consider one, especially before the account goes to an attorney. Get any agreement in writing.
- Talk to a HUD-approved housing counselor. They are free or low cost and can help you build a budget that covers dues, taxes, insurance and your mortgage. The CFPB has a search tool linked below.
- Sell the home. If the dues are a sign the home no longer fits your budget, selling on your own timeline can pay off the association at closing. The title company orders an estoppel certificate from the association showing exactly what is owed.
- Talk to an attorney. If a lawsuit has been filed, or you are dealing with homestead, bankruptcy or a dispute over the amount, a Florida real estate attorney is the right person to ask.
Can I still sell if the association has started foreclosure?
In many cases, yes. A lien or even a pending lawsuit does not automatically stop a sale, but the association’s balance, including fees and costs, usually has to be paid from the sale proceeds for the buyer to get clear title. The earlier you start, the more of your equity you are likely to protect, because collection costs keep adding up the longer an account stays open.
If you are also behind on the mortgage, my post on whether you can still owe money after a foreclosure in Florida explains what can follow you after a sale, and why getting ahead of it matters.
Frequently asked questions
Can my HOA foreclose if my mortgage is paid up?
Yes. The association’s lien is separate from your mortgage. An HOA or condo association can foreclose its own lien for unpaid assessments even if your mortgage payments are current.
How much notice does a Florida HOA have to give before foreclosing?
Under section 720.3085, an HOA must give a 45-day notice before recording a lien, and then wait 45 days after you receive a notice of intent to foreclose before filing suit. Condo associations have similar 45-day notice rules under sections 718.121 and 718.116.
Does a partial payment stop an HOA foreclosure?
Not necessarily. Florida law applies partial payments to interest, late fees, costs and attorney fees before the assessment itself. Ask for a written payment agreement rather than assuming a partial payment pauses anything.
Who should I call first?
Start with the association manager to get a written ledger. For budgeting help, call a HUD-approved housing counselor. For legal questions or a lawsuit, call a Florida real estate attorney. If you are thinking about selling, I am happy to walk you through what your home could sell for and what would be left after the association is paid.
A calm next step
You do not have to sort this out alone, and you do not have to decide anything today. Read through my free guide for homeowners facing pre-foreclosure, browse the rest of my free guides, and when you are ready, we can talk through what makes sense for your situation.
This post is general information, not legal, tax or financial advice. Statutes change; please confirm details with a Florida attorney.
Sources
- Florida Statutes §720.3085, HOA assessments, liens and foreclosure (Florida Legislature, accessed Nov. 2026)
- Florida Statutes §718.116, condominium assessments and liens (Florida Legislature, accessed Nov. 2026)
- Florida Statutes §718.121, condominium lien notices (Florida Legislature, accessed Nov. 2026)
- CFPB: Find a HUD-approved housing counselor
If you’d like help with this, call or text me at 941-737-6562 or reach out through reynoldsrealty.com.
Linda Reynolds | Reynolds Realty Gulf Coast
When Selling Isn’t Simple, I Help You Find a Way Forward.